Posted on Dec 10, 2015
SFC Joe S. Davis Jr., MSM, DSL
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In a Recent Armyimes Article
BOISE, Idaho — Sgt. Bowe Bergdahl says he walked off his base in Afghanistan to cause a crisis that would catch the attention of military brass.

He wanted to warn them about what he believed were serious problems with leadership in his unit. And he wanted to prove himself as a real-life action hero, like someone out of a movie.

Bergdahl hasn't spoken publicly about his decision or his subsequent five-year imprisonment by the Taliban and the prisoner swap that secured his return to the United States. But over the past several months he spoke extensively with screenwriter Mark Boal, who shared about 25 hours of the recorded interviews with Sarah Koenig for her popular podcast, "Serial."
"As a private first-class, nobody is going to listen to me," Bergdahl says in the first episode of the podcast, released Thursday. "No one is going to take me serious that an investigation needs to be put underway."

Bergdahl, of Hailey, Idaho, was charged in March with desertion and misbehavior before the enemy. He faces up to life in prison, though an Army officer has recommended that Bergdahl's case be moved to a special misdemeanor-level military court.

His attorney Eugene Fidell says politicians and would-be politicians have been using Bergdahl as a talking point to push their own agendas for months, a situation he described as creating "gale-force political winds."

The more the public can hear Bergdahl's own words, the better, Fidell told The Associated Press.

"Some of the information that is going to come out is inevitably not going to be what we would have preferred in a perfect universe, but net-net, we'll take it and allow people in our democratic society to form their own opinions," Fidell said.
Bergdahl's interview is another coup for makers of "Serial," which established podcasts as a viable outlet when the first season was downloaded more than 100 million times. Makers wouldn't say how long the new season would last; the first one was 12 separate episodes.

In the episode, Bergdahl says he wanted to expose the "leadership failure" he experienced in Afghanistan. The episode does not elaborate on what that failure was, but he says he believed at the time his disappearance and his plan to reappear at another location would give him access to top officials. After leaving the base after midnight, he worries about the reception he'll get once he reappears, and decides to try to get information on who was planting bombs in the area. That information will help smooth things over with angry military officials, he figures.

Sarah Koenig, the host and executive producer of "Serial," describes Bergdahl as a "radical, idiosyncratic" man in the episode. She says Bergdahl shipped his personal items home, bought local attire and pulled out $300 in U.S. dollars and Afghanis ahead of leaving the base.

Bergdahl acknowledges his motives weren't entirely idealistic.

"I was trying to prove to myself, I was trying to prove to the world, to anybody who used to know me ... I was capable of being what I appeared to be," Bergdahl says. "Doing what I did was me saying I am like Jason Bourne. I had this fantastic idea that I was going to prove to the world I was the real thing."

He says after the sun came up, a group of men on motorcycles captured him as he walked through nearby flatland desert.

He also discusses the psychological torment of being held captive for years.

"It's like how do I explain to a person that just standing in an empty dark room hurts?" Bergdahl recounts. "It's like well, a person asked me, 'Why does it hurt? Does your body hurt?' Yes, your body hurts but it's more than that. It's mental, like, almost confused. ... I would wake up not even remembering what I was."

He adds: "It's like you're standing there, screaming in your mind."

http://www.armytimes.com/story/military/2015/12/10/bergdahl-says-he-left-base-expose-leadership-failure/77117432/
Posted in these groups: 46ac8fde Bergdahl
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SGT Chris McDaniel
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I don't think people should feel sorry for Bergdahl. He made a choice, and faced consequences for it--heck, I can't recall if the hearing is finished yet but if not he may face even more.

Prior to listening to Serial this morning I knew only what I had read about it. I welcome the rest of this series to get a fuller understanding of what happened.

I am glad he's home. Regardless of why he went off the FOB, he's an American soldier. We don't leave ours behind. And sure as shit don't leave punishing them to Haji.
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CSM Charles Hayden
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SFC Joe S. Davis Jr., MSM, DSL AS I HAVE SAID BEFORE ON RALLY POINT! Neither Bergdhal nor any member of his family should benefit monetarily from his stupid actions! The vultures are already positioning the clown to ghost write a book and appear in a movie! Then the $ will roll in!
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Capt Jeff S.
Capt Jeff S.
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It's sad that so many things are so completely upside down and backwards thanks to the actions of this fraudulent, illegitimate, and might I add TREASONOUS! Administration.
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SGT Jose Perdelia-Torres
SGT Jose Perdelia-Torres
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It will be a sad day when this POS gets a book and movie deal, we can't honor the many Servicemen and Women who paid the ultimate sacrifice? I agree, his family should get no monetary benefit.
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SSgt Forensic Meteorological Consultant
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He is a traitor and was a card played play by the President, that back-fired. Imagine, if everyone used the same logic? <-------
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1SG Automated Logistical Specialist
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Does anyone feel like their IQ might have dropped by reading this?! Desperation and denial that he's a trader and got great soldiers killed!!!!
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PO1 Aviation Machinist's Mate
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Bergdahl is still grasping for straws. As an NCO his responsibility was to his men but abandoning them and his post, with the idea that getting attention was a good move doesn't hold water. Even as a young NCO, his best move would have been going up the chain. It's not his job to pout and visibly pull a "bone head" move that placed himself, his men and the mission in jeopardy. If he had the Jason Bourne ideation, that didn't just develop after he crossed the wire. Like I said, grasping for straws.
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SGT Tommy B
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Good men died because of this piece of shit! He should have been put to death!
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MAJ Ken Landgren
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I personally think he is a nut case.
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Capt Lance Gallardo
Capt Lance Gallardo
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He is definitely one taco short of a combination plate.
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PFC David Ryba
PFC David Ryba
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Good one, Ken!
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Capt Lance Gallardo
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Bergdahl was more than just your run of the mill fuck up. He was probably suffering from some kind of pre-Service mental illness, as evidenced by his psych wash-out from Coast Gaurd basic training. He could not make it through Coast Gaurd Basic training! Are you Fing kidding me? What fucktard thought he would make a good Infantryman in the US Army? Bergdahl was a hand grenade waiting to go off, with a 2 second fuse.

If his case goes to trial, believe me, it will not just be Bergdahl on trial, but an Army recruiting system that let him into the Army (after a psych washout during basic training in the THE COAST GAURD), not as a cook or a laundryman, or some job where he would be a minimal risk for the crucible of combat . . . no, Bergdahl was let into the Army's most stressful and demanding MOS, 11Bravo, Infantry. On top of that, the trial would put Bergdahl's unit and the unit leadership on trial for failing to recognize that Bergdahl was unfit for duty and definitely should not have been forward deployed in combat with a front line Infantry unit. I am sure that General Abrahms is weighing all of this, and is trying to gauge whether to bring this bad publicity shit storm down on the US Army (especially since the Army was the only branch of the Service to miss its enlisted recruiting goal recently) in the military's highest profile war trial since the Sgt. Frank Wuterich's USMC GCM (re: Nov 19th, 2005 Civilian Iraqis Killed in Haditha, Iraq in a counterattack after an IED killed one of Wuterich's men while on patrol) .

Wuterich's Trial ended badly for the government in 2012 (Wuterch was represented by my one time former mentor in the Marine Corps, Attorney Neal Puckett). Frank Wuterich was eventually given an honorable discharge, after an arranged plea deal for pleading guilty to one count of "negligent dereliction of duty" and being reduced to Private from Staff Sgt. from the United States Marine Corps in February of 2012. All of this after the better part of six years of criminal proceedings against him. So from Wuterich charged with 13 Felony counts of unpremeditated murder, he ended up pleading guilty to the one misdemeanor "negligent dereliction of duty" which is not even considered a crime involving moral turpitude. That result at trial in everyone's book is considered a Big Defense Win anyway you look at it. You think the Army wants to emulate the Marine Corps in the Hadita prosecution of Frank Wuterich with a legal disaster if it goes after Bergdahl?

Lesson of the Frank Wuterich Six-year Military Prosecution: The US Government's chances for a "successful outcome" of a high publicity prosecution of a war crime defendant, especially when the Article 32 Officer expresses doubts about the strength of the government's case (or in Bergdahl's case recommends against Felony level charges), and the defendant is represented by a one of the best Military Criminal Defense lawyers in the country-here Eugene Fidell , in Wuterich's case, Neal Puckett, are not too good.

From Wuterich's Wikipedia Page:
"On December 21, 2006, the U.S. military charged eight Marines (four enlisted and four officers) in connection with the Haditha killings. The four enlisted, including Wuterich were charged with 13 counts of unpremeditated murder, while the officers were charged with covering up the killings and failing to investigate properly. Six of the cases were dropped and one officer was acquitted at court-martial.[20][21][22] When announcing the charges, Colonel Stewart Navarre said, "We now know with certainty the press release was incorrect and that none of the civilians were killed by the IED explosion."

On September 3, 2007, the Article 32 hearing investigating officer, LtCol. Paul Ware, recommended that Wuterich should be tried for the lesser offense of negligent homicide in the deaths of two women and five children, and that charges of murder be dropped. Ware wrote: "I believe after reviewing all the evidence that no trier of fact can conclude Staff Sgt. Wuterich formed the criminal intent to kill. When a Marine fails to exercise due care and civilians die, the charge of negligent homicide, and not murder, is appropriate ... The case against Staff Sgt. Wuterich is simply not strong enough to conclude he committed murder beyond a reasonable doubt. Almost all witnesses have an obvious bias or prejudice."[23][24]

Wuterich was expected to be back in court to face nine counts of manslaughter in early 2010, which would equate his sentence to 152 years in prison.[25] Subsequently, a trial date was set for 12 April 2011.[26] In June 2011, it was postponed again.[27] The court martial finally took place in January 2012. On 23 January 2012, all jurors at his court martial were dismissed after SSgt Wuterich pleaded guilty to one count of "negligent dereliction of duty" in a plea deal, approved by LtGen. Waldhauser, the commander of Marine Forces Central Command, in which the charges of assault and manslaughter were dropped and Wuterich would avoid jail time but get a reduction in rank to Private and a pay cut. On January 24, 2012, the judge presiding over Wuterich's case convicted him accordingly.:"
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SSgt Forensic Meteorological Consultant
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Capt Lance Gallardo lol @F-tard////
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Capt Lance Gallardo
Capt Lance Gallardo
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I knew someone would like that -I heard that cuss word first on that crazy HBO show VP! Glad you liked it :) Sometimes you got to really stretch for a word that conveys your absolute disgust and amazement for something that someone did or said that really offends common sense or intelligence. I try not to cuss excessively in speech or in writing, but damn it man, there are times when polite conversation fails me. Plus maybe having been cussed at by so many Marine Corps DIs at two sessions of OCS (PLC Junior and Senior Course 1983 and 1985, Quantico, VA) in my young and formative years, it is hard to let go of how a well timed and well placed blue word seems to capture the human experience. Plus, I remember with glee how some Marine Corps DIs could cuss so well it was like an art form. As long as you were not the target of their berating it was entertaining how imaginative some DI's could cuss and heap scorn on Officer Candidates. Then we would get bad attention for busting up, and find ourselves on the deck doing bends and thrusts or push-ups for not having the self-discipline not to smile or laugh.
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Capt Lance Gallardo
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2013 (September Term) US Court of Appeals for the Armed Forces

United States v. MacDonald, 73 M.J. 426 (the defense of lack of mental responsibility requires demonstration that the accused suffered from a mental disease or defect and that as a result he was unable to appreciate the nature and quality or wrongfulness of his act).

This is a high legal standard to meet if this is what Bergdahl is hoping to prove in an affirmative defense in a courts martial. Bergdahl would have to prove that he "suffered from a mental disease or defect" AND that "as a result of" he was "unable to appreciate" "the nature and quality or wrongfulness of his act" in this case desertion, and one charge of misbehavior before the enemy.
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Capt Lance Gallardo
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It is very unusual for the CA General (Gen. Robert Abrams, the head of Army Forces Command who is in charge of the case) to take this long after receiving the recommendations of the Art. 32 Officer (on October 10th), before deciding to send the Soldier to a Courts Martial (or not). The Article 32 hearing wrapped up Sept. 18. Berghdal faces one desertion charge and one charge of misbehavior before the enemy, which could carry a life sentence. The Convening Authority could ignore the recommendation of the Article 32 Officer and STILL take Bergdahl to a General Courts Martial (A Felony Level Courts Martial) on the one count of count of desertion and one count of charge of misbehavior before the enemy, or the CA could send him to a special courts martial which is the misdemeanor type courts martial, or he could decide to dismiss all charges against Bergdahl.

"The officer in charge of Sgt. Bowe Bergdahl's Article 32 hearing has recommended that the soldier accused of desertion avoid jail time for his actions, according to Bergdahl's civil defense attorney.

Lt. Col. Mark Visger's report to Gen. Robert Abrams, the head of Army Forces Command who is in charge of the case, also will advise that the matter be decided at a special court-martial, lawyer Eugene Fidell told Army Times on Saturday, confirming reports in other media outlets. Soldiers facing special courts-martial can receive no more than a year in jail and no worse than a bad-conduct discharge; punishments regarding hard labor and pay forfeiture have similar restrictions.

Visger also recommended Bergdahl not face a punitive discharge for his alleged actions, Fidell said. A memo from Bergdahl's defense team to Visger regarding the report — released late Friday by Fidell to media members — said the officer's recommendations didn't go far enough and requested nonjudicial punishment, better known as an Article 15, instead of a special court-martial."

This delay of time in my humble opinion is providing an opportunity for Berghdahl, and his Noted Military Criminal Defense Attorney, Eugene Fidell, (Fidell is a co-founder and former president of the National Institute of Military Justice) to shape public opinion and possibly influence the decision of the General Abrams. Though some legal commentators are saying that Bergdahl's comments in his online interview are not making him look more sympathetic, but either crazy or mentally impaired, possibly paving the way for a lack of mental responsibility affirmative defense should his case go to trial .
From http://www.armfor.uscourts.gov/newcaaf 2012 (September Term)

United States v. Mott, 72 M.J. 319 (the affirmative defense of lack of mental responsibility requires the accused to prove, by clear and convincing evidence, that at the time of the offense, (1) the accused suffered from a severe mental disease or defect, and (2) as a result of that mental disease or defect, the accused was unable to appreciate either (a) the nature and quality of his acts, or (b) the wrongfulness of his acts).

http://www.armytimes.com/story/military/crime/2015/10/10/lawyer-officer-recommends-no-jail-bergdahl/73726990/
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Capt Lance Gallardo
Capt Lance Gallardo
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2013 (September Term) US Court of Appeals for the Armed Forces

United States v. MacDonald, 73 M.J. 426 (the defense of lack of mental responsibility requires demonstration that the accused suffered from a mental disease or defect and that as a result he was unable to appreciate the nature and quality or wrongfulness of his act). This is a high standard to meet if this is what Bergdahl is hoping to prove in an affirmative defense in a courts martial. Bergdahl would have to prove that he "suffered from a mental disease or defect AND that "as a result of" he was "unable to appreciate" "the nature and quality or wrongfulness of his act" in this case desertion, and one charge of misbehavior before the enemy.
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